Kerala High Court

Bail Appl./9295/2019 of DENIL DAVIS Vs THE STATION HOUSE OFFICER on 31 December 2019

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OF 2019 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941 Bail Appl..No.9295 OF 2019 CRIME NO.1877/2019 OF Angamali Police Station , Ernakulam PETITIONER/S: DENIL DAVIS AGED 32 YEARS SO.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ASHOK MENON

TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941

Bail Appl..No.9295 OF 2019

CRIME NO.1877/2019 OF Angamali Police Station , Ernakulam PETITIONER/S:

DENIL DAVISAGED 32 YEARSSO. DAVIS, CHAKKIATH HOUSE, ELAVOOR, PARAKKADAVU, ERNAKULAM DISTRICT.

SO. DAVIS, CHAKKIATH HOUSE, ELAVOOR,

BY ADV. SRI.O.D.SIVADAS

RESPONDENT/S:

SMT.SREEJA.V., PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O R D E R

Dated this the 31st day of December 2019

Petitioner is accused of having committed offencepunishable under Section 304 of IPC in Crime No. 1877 of 2019of Angamaly Police Station. The allegation against him is thathe was the driver of a stage carriage bus and on 25.11.2019 hedrove the bus at such speed and knowing that by doing so, hemay cause the death of persons on the road, dashed against anautoriksha carrying three persons and all the four of themincluding the driver died on the spot. The petitioner wouldcontend that the CC TV footage would clearly reveal that hewas innocent and that the entire fault was on the part of theautoriksha driver who had crossed the road even withoutgiving any indication about it.

The fact whether offence under Section 304 or 304 A ofIPC is attracted this case, is a matter to be decided by the trial court on adducing of evidence. As it stands, the petitioner isnot having any criminal antecedents and is willing tocooperate with investigation. Custodial interrogation to thepetitioner is not necessary for the investigation of this case. Amere fact that offence under section 304 of the IPC has beenregistered against the petitioner, will not entail in rejection ofthe bail application.

In the result, the petitioner is directed to surrenderbefore the Investigating Officer within ten days and on his sodoing he can be arrested. In the event of him being arrested,he shall be released on bail on execution of bond of Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties each forlike amount for the satisfaction of the Investigating Officer.

JS

Sd/-

ASHOK MENON

JUDGE

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